Chapter 4-5-6

CHAPTER 4
UNITED NATION’S INSTRUMENT ON HUMAN RIGHTS
UNITED HUMAN RIGHTS COUNCIL

It is an intergovernmental body within the United Nations system responsible for
strengthening the promotion and protection of human rights around the globe and for addressing
situations of human rights violations and making recommendations on them. It has the ability to
discuss all thematic human rights issues and situations that require its attention throughout the
year. The Council, composed of 47 Member States, provides a multilateral forum to address
human rights violations and country situations. It responds to human rights emergencies and
makes recommendations on how to better implement human rights on the ground. The Council
benefits from substantive, technical, and secretariat support from the Office of the High
Commissioner for Human Rights (OHCHR).
The United Nations Commission on Human Rights was established in 1946 to weave the
international legal fabric that protects our fundamental rights and freedoms. Composed of 53 States
members, its brief expanded over time to allow it to respond to the whole range of human rights
problems and it set standards to govern the conduct of States. It also acted as a forum where countries
large and small, non-governmental groups and human rights defenders from around the world voiced
their concerns.
During its regular annual session in Geneva, for which over 3,000 delegates from member and
observer States and from non-governmental organizations participated, the Commission adopted
about a hundred resolutions, decisions and Chairperson's statements on matters of relevance to
individuals in all regions and circumstances. It was assisted in this work by the Sub-Commission on
the Promotion and Protection of Human Rights, a number of working groups and a network of
individual experts, representatives and rapporteurs mandated to report to it on specific issues.
United Nations
The United Nations is a group of countries and almost all countries in the world are part
of the United Nations. The United Nations works to
make the world a better place for all.
Human Rights Council

The Human Rights Council is a part of the United Nations.
Council Does;
Serves as an international forum for dialogue on human rights issues with UN

officials and mandated experts, states, civil society, and other participants;
• Adopts resolutions or decisions during regular sessions that express the will of the
international community on given human rights issues or situations. Adopting a
resolution sends a strong political signal which can prompt governments to take action to
remedy those situations;
• Holds crisis meetings known as special sessions to respond to urgent human rights
situations, 36 of which have been held to date;
• Reviews the human rights records of all United Nations Member States via the Universal
Periodic Review;
• Appoints the Special Procedures, independent human rights experts who serve as the
eyes and ears of the Council by monitoring situations in specific countries or by looking
at specific themes; and
• Authorizes commissions of inquiry and fact-finding missions, which produce hard-hitting
evidence on war crimes and crimes against humanity.
Council Membership and Elections
The Human Rights Council consists of 47 Member States elected directly and
individually by a majority of the 193 states of the UN General Assembly. Elections take place
every year. Seats are equitably distributed among the five UN regional groups, with one-third of
the members being renewed each year. Each member serves a three-year term. Membership is
limited to two consecutive terms. As of December 2022, 123 of the 193 Member States of the
United Nations have served as Council members.
Rotating membership of the Council reflects the UN’s diversity and gives it legitimacy when
speaking out on human rights violations in all countries.
Members commit to upholding human rights and are expected to cooperate fully with the
Council. The General Assembly may vote to suspend a membership in the case of gross and
systematic violations of human rights.
The Council has a bureau which consists of a president and four vice-presidents who represent
each of the regional groups.
Different Mechanism and entities of the Council

The Human Rights Council consists of different mechanisms and entities, as set out in the
Council’s 'Institution-building package' (Resolution 5/1) of 2007. These include:
• The Universal Periodic Review (UPR), a State-led mechanism that regularly assesses
the human rights situations of all United Nations Member States.
• The Special Procedures are individuals or groups, not employed by the UN, who speak
out on themes such as education, health, free speech, and human trafficking, as well as on
country situations including Ukraine, DPRK, Eritrea, and Iran, among others.
• The Advisory Committee serves as the Council’s “think tank,” providing it with
expertise and advice on thematic human rights issues.
• The Complaint Procedure allows people and organizations to bring human rights
violations to the attention of the Human Rights Council.
There are several more mechanisms, including platforms for dialogue and groups dedicated to
evolving legal human rights instruments.
FOUR UNHRC INSTITUTION-BUILDING PACKAGE
5/1. Institution-building of the United Nations Human Rights Council
The Human Rights Council,

Acting in compliance with the mandate entrusted to it by the United Nations
General Assembly in resolution 60/251 of 15 March 2006,
Having considered the draft text on institution-building submitted by the President of the
Council,
1. Adopts the draft text entitled “United Nations Human Rights Council:
Institution-Building”, as contained in the annex to the present resolution, including its
appendix(ces);
2. Decides to submit the following draft resolution to the General Assembly for its
adoption as a matter of priority in order to facilitate the timely implementation of the text
contained thereafter:
“The General Assembly,
“Taking note of Human Rights Council resolution 5/1 of 18 June 2007,
“1. Welcomes the text entitled ‘United Nations Human Rights Council:
Institution-Building’, as contained in the annex to the present resolution, including its
appendix(ces).”
9th meeting
18 June 2007
[Resolution adopted without a vote.]1
Annex
UNITED NATIONS HUMAN RIGHTS COUNCIL: INSTITUTION-BUILDING
I. UNIVERSAL PERIODIC REVIEW MECHANISM
A. Basis of the review
1. The basis of the review is:

(a) The Charter of the United Nations;
1
See A/HRC/5/21, chap. III, paras. 60-62.
(b) The Universal Declaration of Human Rights;
(c) Human rights instruments to which a State is party;
(d) Voluntary pledges and commitments made by States, including those undertaken
when presenting their candidatures for election to the Human Rights Council (hereinafter “the
Council”).
2. In addition to the above and given the complementary and mutually interrelated nature of
international human rights law and international humanitarian law, the review shall take into
account applicable international humanitarian law.
B. Principles and objectives
1. Principles
3. The universal periodic review should:

(a) Promote the universality, interdependence, indivisibility and interrelatedness of all
human rights;
(b) Be a cooperative mechanism based on objective and reliable information and on
interactive dialogue;
(c) Ensure universal coverage and equal treatment of all States;
(d) Be an intergovernmental process, United Nations Member-driven and
action-oriented;
(e) Fully involve the country under review;
(f) Complement and not duplicate other human rights mechanisms, thus representing
an added value;
(g) Be conducted in an objective, transparent, non-selective, constructive,
non-confrontational and non-politicized manner;
(h) Not be overly burdensome to the concerned State or to the agenda of the Council;
(i) Not be overly long; it should be realistic and not absorb a disproportionate
amount of time, human and financial resources;
(j) Not diminish the Council’s capacity to respond to urgent human rights situations;
(k) Fully integrate a gender perspective;
(l) Without prejudice to the obligations contained in the elements provided for in the
basis of review, take into account the level of development and specificities of countries;
(m) Ensure the participation of all relevant stakeholders, including non-governmental
organizations and national human rights institutions, in accordance with General Assembly
resolution 60/251 of 15 March 2006 and Economic and Social Council resolution 1996/31 of 25
July 1996, as well as any decisions that the Council may take in this regard.
2. Objectives
4. The objectives of the review are:

(a) The improvement of the human rights situation on the ground;
(b) The fulfilment of the State’s human rights obligations and commitments and
assessment of positive developments and challenges faced by the State;
(c) The enhancement of the State’s capacity and of technical assistance, in
consultation with, and with the consent of, the State concerned;
(d) The sharing of best practice among States and other stakeholders;
(e) Support for cooperation in the promotion and protection of human rights;
(f) The encouragement of full cooperation and engagement with the Council, other
human rights bodies and the Office of the United Nations High Commissioner for Human
Rights.
C. Periodicity and order of the review
5. The review begins after the adoption of the universal periodic review mechanism by the
Council.
6. The order of review should reflect the principles of universality and equal treatment.
7. The order of the review should be established as soon as possible in order to allow States
to prepare adequately.
8. All member States of the Council shall be reviewed during their term of membership.
9. The initial members of the Council, especially those elected for one or two-year terms,
should be reviewed first.
10. A mix of member and observer States of the Council should be reviewed.
11. Equitable geographic distribution should be respected in the selection of countries for
review.
12. The first member and observer States to be reviewed will be chosen by the drawing of
lots from each Regional Group in such a way as to ensure full respect for equitable geographic
distribution. Alphabetical order will then be applied beginning with those countries thus selected,
unless other countries volunteer to be reviewed.
13. The period between review cycles should be reasonable so as to take into account the
capacity of States to prepare for, and the capacity of other stakeholders to respond to, the
requests arising from the review.
14. The periodicity of the review for the first cycle will be of four years. This will imply the
consideration of 48 States per year during three sessions of the working group of two weeks
each.a
D. Process and modalities of the review
1. Documentation
15. The documents on which the review would be based are:

(a) Information prepared by the State concerned, which can take the form of a
national report, on the basis of general guidelines to be adopted by the Council at its sixth session
(first session of the second cycle), and any other information considered relevant by the State
concerned, which could be presented either orally or in writing, provided that the written
presentation summarizing the information will not exceed 20 pages, to guarantee equal treatment
to all States and not to overburden the mechanism. States are encouraged to prepare the
information through a broad consultation process at the national level with all relevant
stakeholders;
(b) Additionally a compilation prepared by the Office of the High Commissioner for
Human Rights of the information contained in the reports of treaty bodies, special procedures,
including observations and comments by the State concerned, and other relevant official United
Nations documents, which shall not exceed 10 pages;
(c) Additional, credible and reliable information provided by other relevant
stakeholders to the universal periodic review which should also be taken into consideration by
the Council in the review. The Office of the High Commissioner for Human Rights will prepare a
summary of such information which shall not exceed 10 pages.
16. The documents prepared by the Office of the High Commissioner for Human Rights
should be elaborated following the structure of the general guidelines adopted by the Council
regarding the information prepared by the State concerned.
17. Both the State’s written presentation and the summaries prepared by the Office of the
High Commissioner for Human Rights shall be ready six weeks prior to the review by the
working group to ensure the distribution of documents simultaneously in the six official
languages of the United Nations, in accordance with General Assembly resolution 53/208 of 14
January 1999.
2. Modalities
18. The modalities of the review shall be as follows:
a The universal periodic review is an evolving process; the Council, after the conclusion of the first review cycle,
may review the modalities and the periodicity of this mechanism, based on best practices and lessons learned.
(a) The review will be conducted in one working group, chaired by the President of
the Council and composed of the 47 member States of the Council. Each member State will
decide on the composition of its delegation;b
(b) Observer States may participate in the review, including in the interactive
dialogue;
(c) Other relevant stakeholders may attend the review in the Working Group;
(d) A group of three rapporteurs, selected by the drawing of lots among the members
of the Council and from different Regional Groups (troika) will be formed to facilitate each
review, including the preparation of the report of the working group. The Office of the High
Commissioner for Human Rights will provide the necessary assistance and expertise to the
rapporteurs.
19. The country concerned may request that one of the rapporteurs be from its own Regional
Group and may also request the substitution of a rapporteur on only one occasion.
20. A rapporteur may request to be excused from participation in a specific review process.
21. Interactive dialogue between the country under review and the Council will take place in
the working group. The rapporteurs may collate issues or questions to be transmitted to the State
under review to facilitate its preparation and focus the interactive dialogue, while guaranteeing
fairness and transparency.
22. The duration of the review will be three hours for each country in the working group.
Additional time of up to one hour will be allocated for the consideration of the outcome by the
plenary of the Council.
23. Half an hour will be allocated for the adoption of the report of each country under review
in the working group.
24. A reasonable time frame should be allocated between the review and the adoption of the
report of each State in the working group.
25. The final outcome will be adopted by the plenary of the Council.
E. Outcome of the review
1. Format of the outcome
26. The format of the outcome of the review will be a report consisting of a summary of the
proceedings of the review process; conclusions and/or recommendations, and the voluntary
commitments of the State concerned.
b A Universal Periodic Review Voluntary Trust Fund should be established to facilitate the participation of
developing countries, particularly the Least Developed Countries, in the universal periodic review mechanism.
2. Content of the outcome
27. The universal periodic review is a cooperative mechanism. Its outcome may include, inter
alia:
(a) An assessment undertaken in an objective and transparent manner of the human
rights situation in the country under review, including positive developments and the challenges
faced by the country;
(b) Sharing of best practices;
(c) An emphasis on enhancing cooperation for the promotion and protection of
human rights;
(d) The provision of technical assistance and capacity-building in consultation with,
and with the consent of, the country concerned;c
(e) Voluntary commitments and pledges made by the country under review.
3. Adoption of the outcome
28. The country under review should be fully involved in the outcome.
29. Before the adoption of the outcome by the plenary of the Council, the State concerned
should be offered the opportunity to present replies to questions or issues that were not
sufficiently addressed during the interactive dialogue.
30. The State concerned and the member States of the Council, as well as observer States,
will be given the opportunity to express their views on the outcome of the review before the
plenary takes action on it.
31. Other relevant stakeholders will have the opportunity to make general comments before
the adoption of the outcome by the plenary.
32. Recommendations that enjoy the support of the State concerned will be identified as
such. Other recommendations, together with the comments of the State concerned thereon, will
be noted. Both will be included in the outcome report to be adopted by the Council.
F. Follow-up to the review
33. The outcome of the universal periodic review, as a cooperative mechanism, should be
implemented primarily by the State concerned and, as appropriate, by other relevant
stakeholders.
c A decision should be taken by the Council on whether to resort to existing financing mechanisms or to create a
new mechanism.
34. The subsequent review should focus, inter alia, on the implementation of the preceding
outcome.
35. The Council should have a standing item on its agenda devoted to the universal periodic
review.
36. The international community will assist in implementing the recommendations and
conclusions regarding capacity-building and technical assistance, in consultation with, and with
the consent of, the country concerned.
37. In considering the outcome of the universal periodic review, the Council will decide if
and when any specific follow-up is necessary.
38. After exhausting all efforts to encourage a State to cooperate with the universal periodic
review mechanism, the Council will address, as appropriate, cases of persistent non-cooperation
with the mechanism.
II. SPECIAL PROCEDURES
A. Selection and appointment of mandate-holders
39. The following general criteria will be of paramount importance while nominating,
selecting and appointing mandate-holders: (a) expertise; (b) experience in the field of the
mandate; (c) independence; (d) impartiality; (e) personal integrity; and (f) objectivity.
40. Due consideration should be given to gender balance and equitable geographic
representation, as well as to an appropriate representation of different legal systems.
41. Technical and objective requirements for eligible candidates for mandate-holders will be
approved by the Council at its sixth session (first session of the second cycle), in order to ensure
that eligible candidates are highly qualified individuals who possess established competence,
relevant expertise and extensive professional experience in the field of human rights.
42. The following entities may nominate candidates as special procedures mandate-holders:
(a) Governments; (b) Regional Groups operating within the United Nations human rights system;
(c) international organizations or their offices (e.g. the Office of the High Commissioner for
Human Rights); (d) non-governmental organizations; (e) other human rights bodies; (f)
individual nominations.
43. The Office of the High Commissioner for Human Rights shall immediately prepare,
maintain and periodically update a public list of eligible candidates in a standardized format,
which shall include personal data, areas of expertise and professional experience. Upcoming
vacancies of mandates shall be publicized.
44. The principle of non-accumulation of human rights functions at a time shall be respected.
45. A mandate-holder’s tenure in a given function, whether a thematic or country mandate,
will be no longer than six years (two terms of three years for thematic mandate-holders).
46. Individuals holding decision-making positions in Government or in any other
organization or entity which may give rise to a conflict of interest with the responsibilities
inherent to the mandate shall be excluded. Mandate-holders will act in their personal capacity.
47. A consultative group would be established to propose to the President, at least one month
before the beginning of the session in which the Council would consider the selection of
mandate-holders, a list of candidates who possess the highest qualifications for the mandates in
question and meet the general criteria and particular requirements.
48. The consultative group shall also give due consideration to the exclusion of nominated
candidates from the public list of eligible candidates brought to its attention.
49. At the beginning of the annual cycle of the Council, Regional Groups would be invited to
appoint a member of the consultative group, who would serve in his/her personal capacity. The
Group will be assisted by the Office of the High Commissioner for Human Rights.
50. The consultative group will consider candidates included in the public list; however,
under exceptional circumstances and if a particular post justifies it, the Group may consider
additional nominations with equal or more suitable qualifications for the post. Recommendations
to the President shall be public and substantiated.
51. The consultative group should take into account, as appropriate, the views of
stakeholders, including the current or outgoing mandate-holders, in determining the necessary
expertise, experience, skills, and other relevant requirements for each mandate.
52. On the basis of the recommendations of the consultative group and following broad
consultations, in particular through the regional coordinators, the President of the Council will
identify an appropriate candidate for each vacancy. The President will present to member States
and observers a list of candidates to be proposed at least two weeks prior to the beginning of the
session in which the Council will consider the appointments.
53. If necessary, the President will conduct further consultations to ensure the endorsement
of the proposed candidates. The appointment of the special procedures mandate-holders
will be completed upon the subsequent approval of the Council. Mandate-holders shall be
appointed before the end of the session.
B. Review, rationalization and improvement of mandates
54. The review, rationalization and improvement of mandates, as well as the creation of new
ones, must be guided by the principles of universality, impartiality, objectivity and
non-selectivity, constructive international dialogue and cooperation, with a view to enhancing the
promotion and protection of all human rights, civil, political, economic, social and cultural
rights, including the right to development.
55. The review, rationalization and improvement of each mandate would take place in the
context of the negotiations of the relevant resolutions. An assessment of the mandate may take
place in a separate segment of the interactive dialogue between the Council and special
procedures mandate-holders.
56. The review, rationalization and improvement of mandates would focus on the relevance,
scope and contents of the mandates, having as a framework the internationally recognized
human rights standards, the system of special procedures and General Assembly
resolution 60/251.
57. Any decision to streamline, merge or possibly discontinue mandates should always be
guided by the need for improvement of the enjoyment and protection of human rights.
58. The Council should always strive for improvements:
(a) Mandates should always offer a clear prospect of an increased level of human
rights protection and promotion as well as being coherent within the system of human rights;
(b) Equal attention should be paid to all human rights. The balance of thematic
mandates should broadly reflect the accepted equal importance of civil, political, economic,
social and cultural rights, including the right to development;
(c) Every effort should be made to avoid unnecessary duplication;
(d) Areas which constitute thematic gaps will be identified and addressed, including
by means other than the creation of special procedures mandates, such as by expanding an
existing mandate, bringing a cross-cutting issue to the attention of mandate-holders or by
requesting a joint action to the relevant mandate-holders;
(e) Any consideration of merging mandates should have regard to the content and
predominant functions of each mandate, as well as to the workload of individual
mandate-holders;
(f) In creating or reviewing mandates, efforts should be made to identify whether the
structure of the mechanism (expert, rapporteur or working group) is the most effective in terms
of increasing human rights protection;
(g) New mandates should be as clear and specific as possible, so as to avoid
ambiguity.
59. It should be considered desirable to have a uniform nomenclature of mandate-holders,
titles of mandates as well as a selection and appointment process, to make the whole system
more understandable.
60. Thematic mandate periods will be of three years. Country mandate periods will be of
one year.
61. Mandates included in Appendix I, where applicable, will be renewed until the date on
which they are considered by the Council according to the programme of work.d
d
Country mandates meet the following criteria:
− There is a pending mandate of the Council to be accomplished; or
62. Current mandate-holders may continue serving, provided they have not exceeded the
six-year term limit (Appendix II). On an exceptional basis, the term of those mandate-holders
who have served more than six years may be extended until the relevant mandate is considered
by the Council and the selection and appointment process has concluded.
63. Decisions to create, review or discontinue country mandates should also take into account
the principles of cooperation and genuine dialogue aimed at strengthening the capacity of
Member States to comply with their human rights obligations.
64. In case of situations of violations of human rights or a lack of cooperation that require the
Council’s attention, the principles of objectivity, non-selectivity, and the elimination of double
standards and politicization should apply.
III. HUMAN RIGHTS COUNCIL ADVISORY COMMITTEE
65. The Human Rights Council Advisory Committee (hereinafter “the Advisory
Committee”), composed of 18 experts serving in their personal capacity, will function as a think-
tank for the Council and work at its direction. The establishment of this subsidiary body and its
functioning will be executed according to the guidelines stipulated below.
A. Nomination
66. All Member States of the United Nations may propose or endorse candidates from their
own region. When selecting their candidates, States should consult their national human rights
institutions and civil society organizations and, in this regard, include the names of those
supporting their candidates.
67. The aim is to ensure that the best possible expertise is made available to the Council. For
this purpose, technical and objective requirements for the submission of candidatures will be
established and approved by the Council at its sixth session (first session of the second cycle).
These should include:
(a) Recognized competence and experience in the field of human rights;
(b) High moral standing;
(c) Independence and impartiality.
68. Individuals holding decision-making positions in Government or in any other
organization or entity which might give rise to a conflict of interest with the responsibilities
inherent in the mandate shall be excluded. Elected members of the Committee will act in their
personal capacity.
− There is a pending mandate of the General Assembly to be accomplished; or

− The nature of the mandate is for advisory services and technical assistance.
69. The principle of non-accumulation of human rights functions at the same time shall be
respected.
B. Election
70. The Council shall elect the members of the Advisory Committee, in secret ballot, from
the list of candidates whose names have been presented in accordance with the agreed
requirements.
71. The list of candidates shall be closed two months prior to the election date. The
Secretariat will make available the list of candidates and relevant information to member States
and to the public at least one month prior to their election.
72. Due consideration should be given to gender balance and appropriate representation of
different civilizations and legal systems.
73. The geographic distribution will be as follows:
African States: 5
Asian States: 5
Eastern European States: 2
Latin American and Caribbean States: 3
Western European and other States: 3
74. The members of the Advisory Committee shall serve for a period of three years. They
shall be eligible for re-election once. In the first term, one third of the experts will serve for one
year and another third for two years. The staggering of terms of membership will be defined by
the drawing of lots.
C. Functions
75. The function of the Advisory Committee is to provide expertise to the Council in the
manner and form requested by the Council, focusing mainly on studies and research-based
advice. Further, such expertise shall be rendered only upon the latter’s request, in compliance
with its resolutions and under its guidance.
76. The Advisory Committee should be implementation-oriented and the scope of its advice
should be limited to thematic issues pertaining to the mandate of the Council; namely promotion
and protection of all human rights.
77. The Advisory Committee shall not adopt resolutions or decisions. The Advisory
Committee may propose within the scope of the work set out by the Council, for the latter’s
consideration and approval, suggestions for further enhancing its procedural efficiency, as well
as further research proposals within the scope of the work set out by the Council.
78. The Council shall issue specific guidelines for the Advisory Committee when it requests
a substantive contribution from the latter and shall review all or any portion of those guidelines if
it deems necessary in the future.
D. Methods of work
79. The Advisory Committee shall convene up to two sessions for a maximum of 10 working
days per year. Additional sessions may be scheduled on an ad hoc basis with prior approval of
the Council.
80. The Council may request the Advisory Committee to undertake certain tasks that could
be performed collectively, through a smaller team or individually. The Advisory Committee will
report on such efforts to the Council.
81. Members of the Advisory Committee are encouraged to communicate between sessions,
individually or in teams. However, the Advisory Committee shall not establish subsidiary bodies
unless the Council authorizes it to do so.
82. In the performance of its mandate, the Advisory Committee is urged to establish
interaction with States, national human rights institutions, non-governmental organizations and
other civil society entities in accordance with the modalities of the Council.
83. Member States and observers, including States that are not members of the Council, the
specialized agencies, other intergovernmental organizations and national human rights
institutions, as well as non-governmental organizations shall be entitled to participate in the work
of the Advisory Committee based on arrangements, including Economic and Social Council
resolution 1996/31 and practices observed by the Commission on Human Rights and the
Council, while ensuring the most effective contribution of these entities.
84. The Council will decide at its sixth session (first session of its second cycle) on the most
appropriate mechanisms to continue the work of the Working Groups on Indigenous Populations;
Contemporary Forms of Slavery; Minorities; and the Social Forum.
IV. COMPLAINT PROCEDURE
A. Objective and scope
85. A complaint procedure is being established to address consistent patterns of gross and
reliably attested violations of all human rights and all fundamental freedoms occurring in any
part of the world and under any circumstances.
86. Economic and Social Council resolution 1503 (XLVIII) of 27 May 1970 as revised by
resolution 2000/3 of 19 June 2000 served as a working basis and was improved where necessary,
so as to ensure that the complaint procedure is impartial, objective, efficient, victims-oriented
and conducted in a timely manner. The procedure will retain its confidential nature, with a view
to enhancing cooperation with the State concerned.
B. Admissibility criteria for communications
87. A communication related to a violation of human rights and fundamental freedoms, for
the purpose of this procedure, shall be admissible, provided that:
(a) It is not manifestly politically motivated and its object is consistent with the
Charter of the United Nations, the Universal Declaration of Human Rights and other applicable
instruments in the field of human rights law;
(b) It gives a factual description of the alleged violations, including the rights which
are alleged to be violated;
(c) Its language is not abusive. However, such a communication may be considered if
it meets the other criteria for admissibility after deletion of the abusive language;
(d) It is submitted by a person or a group of persons claiming to be the victims of
violations of human rights and fundamental freedoms, or by any person or group of persons,
including non-governmental organizations, acting in good faith in accordance with the principles
of human rights, not resorting to politically motivated stands contrary to the provisions of the
Charter of the United Nations and claiming to have direct and reliable knowledge of the
violations concerned. Nonetheless, reliably attested communications shall not be inadmissible
solely because the knowledge of the individual authors is second-hand, provided that they are
accompanied by clear evidence;
(e) It is not exclusively based on reports disseminated by mass media;
(f) It does not refer to a case that appears to reveal a consistent pattern of gross and
reliably attested violations of human rights already being dealt with by a special procedure, a
treaty body or other United Nations or similar regional complaints procedure in the field of
human rights;
(g) Domestic remedies have been exhausted, unless it appears that such remedies
would be ineffective or unreasonably prolonged.
88. National human rights institutions, established and operating under the Principles
Relating to the Status of National Institutions (the Paris Principles), in particular in regard to
quasi-judicial competence, may serve as effective means of addressing individual human rights
violations.
C. Working groups
89. Two distinct working groups shall be established with the mandate to examine the
communications and to bring to the attention of the Council consistent patterns of gross and
reliably attested violations of human rights and fundamental freedoms.
90. Both working groups shall, to the greatest possible extent, work on the basis of
consensus. In the absence of consensus, decisions shall be taken by simple majority of the votes.
They may establish their own rules of procedure.
1. Working Group on Communications: composition, mandate and powers
91. The Human Rights Council Advisory Committee shall appoint five of its members, one
from each Regional Group, with due consideration to gender balance, to constitute the Working
Group on Communications.
92. In case of a vacancy, the Advisory Committee shall appoint an independent and highly
qualified expert of the same Regional Group from the Advisory Committee.
93. Since there is a need for independent expertise and continuity with regard to the
examination and assessment of communications received, the independent and highly qualified
experts of the Working Group on Communications shall be appointed for three years. Their
mandate is renewable only once.
94. The Chairperson of the Working Group on Communications is requested, together with
the secretariat, to undertake an initial screening of communications received, based on the
admissibility criteria, before transmitting them to the States concerned. Manifestly ill-founded or
anonymous communications shall be screened out by the Chairperson and shall therefore not be
transmitted to the State concerned. In a perspective of accountability and transparency, the
Chairperson of the Working Group on Communications shall provide all its members with a list
of all communications rejected after initial screening. This list should indicate the grounds of all
decisions resulting in the rejection of a communication. All other communications, which have
not been screened out, shall be transmitted to the State concerned, so as to obtain the views of the
latter on the allegations of violations.
95. The members of the Working Group on Communications shall decide on the
admissibility of a communication and assess the merits of the allegations of violations, including
whether the communication alone or in combination with other communications appear to reveal
a consistent pattern of gross and reliably attested violations of human rights and fundamental
freedoms. The Working Group on Communications shall provide the Working Group on
Situations with a file containing all admissible communications as well as recommendations
thereon. When the Working Group on Communications requires further consideration or
additional information, it may keep a case under review until its next session and request such
information from the State concerned. The Working Group on Communications may decide to
dismiss a case. All decisions of the Working Group on Communications shall be based on a
rigorous application of the admissibility criteria and duly justified.
2. Working Group on Situations: composition, mandate and powers
96. Each Regional Group shall appoint a representative of a member State of the Council,
with due consideration to gender balance, to serve on the Working Group on Situations.
Members shall be appointed for one year. Their mandate may be renewed once, if the State
concerned is a member of the Council.
97. Members of the Working Group on Situations shall serve in their personal capacity. In
order to fill a vacancy, the respective Regional Group to which the vacancy belongs, shall
appoint a representative from member States of the same Regional Group.
98. The Working Group on Situations is requested, on the basis of the information and
recommendations provided by the Working Group on Communications, to present the Council
with a report on consistent patterns of gross and reliably attested violations of human rights and
fundamental freedoms and to make recommendations to the Council on the course of action to
take, normally in the form of a draft resolution or decision with respect to the situations referred
to it. When the Working Group on Situations requires further consideration or additional
information, its members may keep a case under review until its next session. The Working
Group on Situations may also decide to dismiss a case.
99. All decisions of the Working Group on Situations shall be duly justified and indicate why
the consideration of a situation has been discontinued or action recommended thereon. Decisions
to discontinue should be taken by consensus; if that is not possible, by simple majority of the
votes.
D. Working modalities and confidentiality
100. Since the complaint procedure is to be, inter alia, victims-oriented and conducted in a
confidential and timely manner, both Working Groups shall meet at least twice a year for five
working days each session, in order to promptly examine the communications received,
including replies of States thereon, and the situations of which the Council is already seized
under the complaint procedure.
101. The State concerned shall cooperate with the complaint procedure and make every effort
to provide substantive replies in one of the United Nations official languages to any of the
requests of the Working Groups or the Council. The State concerned shall also make every effort
to provide a reply not later than three months after the request has been made. If necessary, this
deadline may however be extended at the request of the State concerned.
102. The Secretariat is requested to make the confidential files available to all members of the
Council, at least two weeks in advance, so as to allow sufficient time for the consideration of the
files.
103. The Council shall consider consistent patterns of gross and reliably attested violations of
human rights and fundamental freedoms brought to its attention by the Working Group on
Situations as frequently as needed, but at least once a year.
104. The reports of the Working Group on Situations referred to the Council shall be examined
in a confidential manner, unless the Council decides otherwise. When the Working Group on
Situations recommends to the Council that it consider a situation in a public meeting, in
particular in the case of manifest and unequivocal lack of cooperation, the Council shall consider
such recommendation on a priority basis at its next session.
105. So as to ensure that the complaint procedure is victims-oriented, efficient and conducted
in a timely manner, the period of time between the transmission of the complaint to the State
concerned and consideration by the Council shall not, in principle, exceed 24 months.
E. Involvement of the complainant and of the State concerned
106. The complaint procedure shall ensure that both the author of a communication and the
State concerned are informed of the proceedings at the following key stages:
(a) When a communication is deemed inadmissible by the Working Group on
Communications or when it is taken up for consideration by the Working Group on Situations; or
when a communication is kept pending by one of the Working Groups or by the Council;
(b) At the final outcome.
107. In addition, the complainant shall be informed when his/her communication is registered
by the complaint procedure.
108. Should the complainant request that his/her identity be kept confidential, it will not be
transmitted to the State concerned.
F. Measures
109. In accordance with established practice the action taken in respect of a particular situation
should be one of the following options:
(a) To discontinue considering the situation when further consideration or action is
not warranted;
(b) To keep the situation under review and request the State concerned to provide
further information within a reasonable period of time;
(c) To keep the situation under review and appoint an independent and highly
qualified expert to monitor the situation and report back to the Council;
(d) To discontinue reviewing the matter under the confidential complaint procedure in
order to take up public consideration of the same;
(e) To recommend to OHCHR to provide technical cooperation, capacity-building
assistance or advisory services to the State concerned.
V. AGENDA AND FRAMEWORK FOR THE PROGRAMME OF WORK
A. Principles
Universality
Impartiality
Objectivity
Non-selectiveness
Constructive dialogue and cooperation
Predictability
Flexibility
Transparency
Accountability
Balance
Inclusive/comprehensive
Gender perspective
Implementation and follow-up of decisions
B. Agenda
Item 1. Organizational and procedural matters
Item 2. Annual report of the United Nations High Commissioner for Human Rights and reports
of the Office of the High Commissioner and the Secretary-General
Item 3. Promotion and protection of all human rights, civil, political, economic, social and
cultural rights, including the right to development
Item 4. Human rights situations that require the Council’s attention
Item 5. Human rights bodies and mechanisms
Item 6. Universal Periodic Review
Item 7. Human rights situation in Palestine and other occupied Arab territories
Item 8. Follow-up and implementation of the Vienna Declaration and Programme of Action
Item 9. Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up
and implementation of the Durban Declaration and Programme of Action
Item 10. Technical assistance and capacity-building
C. Framework for the programme of work
Item 1. Organizational and procedural matters

Election of the Bureau
Adoption of the annual programme of work
Adoption of the programme of work of the session, including other business
Selection and appointment of mandate-holders
Election of members of the Human Rights Council Advisory Committee
Adoption of the report of the session
Adoption of the annual report
Item 2. Annual report of the United Nations High Commissioner for Human Rights and reports
of the Office of the High Commissioner and the Secretary-General
Presentation of the annual report and updates
Item 3. Promotion and protection of all human rights, civil, political, economic, social and
cultural rights, including the right to development
Economic, social and cultural rights
Civil and political rights
Rights of peoples, and specific groups and individuals
Right to development
Interrelation of human rights and human rights thematic issues
Item 4. Human rights situations that require the Council’s attention
Item 5. Human rights bodies and mechanisms
Report of the Human Rights Council Advisory Committee
Report of the complaint procedure
Item 6. Universal Periodic Review
Item 7. Human rights situation in Palestine and other occupied Arab territories
Human rights violations and implications of the Israeli occupation of Palestine and other
occupied Arab territories
Right to self-determination of the Palestinian people
Item 8. Follow-up and implementation of the Vienna Declaration and Programme of Action
Item 9. Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up
and implementation of the Durban Declaration and Programme of Action
Item 10. Technical assistance and capacity-building
VI. METHODS OF WORK
110. The methods of work, pursuant to General Assembly resolution 60/251 should be
transparent, impartial, equitable, fair, pragmatic; lead to clarity, predictability, and inclusiveness.
They may also be updated and adjusted over time.
A. Institutional arrangements
1. Briefings on prospective resolutions or decisions
111. The briefings on prospective resolutions or decisions would be informative only, whereby
delegations would be apprised of resolutions and/or decisions tabled or intended to be tabled.
These briefings will be organized by interested delegations.
2. President’s open-ended information meetings on
resolutions, decisions and other related business
112. The President’s open-ended information meetings on resolutions, decisions and other
related business shall provide information on the status of negotiations on draft resolutions
and/or decisions so that delegations may gain a bird’s eye view of the status of such drafts. The
consultations shall have a purely informational function, combined with information on
the extranet, and be held in a transparent and inclusive manner. They shall not serve as a
negotiating forum.
3. Informal consultations on proposals convened by main sponsors
113. Informal consultations shall be the primary means for the negotiation of draft resolutions
and/or decisions, and their convening shall be the responsibility of the sponsor(s). At least one
informal open-ended consultation should be held on each draft resolution and/or decision before
it is considered for action by the Council. Consultations should, as much as possible, be
scheduled in a timely, transparent and inclusive manner that takes into account the constraints
faced by delegations, particularly smaller ones.
4. Role of the Bureau
114. The Bureau shall deal with procedural and organizational matters. The Bureau shall
regularly communicate the contents of its meetings through a timely summary report.
5. Other work formats may include panel debates, seminars and round tables
115. Utilization of these other work formats, including topics and modalities, would be
decided by the Council on a case-by-case basis. They may serve as tools of the Council for
enhancing dialogue and mutual understanding on certain issues. They should be utilized in the
context of the Council’s agenda and annual programme of work, and reinforce and/or
complement its intergovernmental nature. They shall not be used to substitute or replace existing
human rights mechanisms and established methods of work.
6. High-Level Segment
116. The High-Level Segment shall be held once a year during the main session of the
Council. It shall be followed by a general segment wherein delegations that did not participate in
the High-Level Segment may deliver general statements.
B. Working culture
117. There is a need for:

(a) Early notification of proposals;
(b) Early submission of draft resolutions and decisions, preferably by the end of the
penultimate week of a session;
(c) Early distribution of all reports, particularly those of special procedures, to be
transmitted to delegations in a timely fashion, at least 15 days in advance of their consideration
by the Council, and in all official United Nations languages;
(d) Proposers of a country resolution to have the responsibility to secure the broadest
possible support for their initiatives (preferably 15 members), before action is taken;
(e) Restraint in resorting to resolutions, in order to avoid proliferation of resolutions
without prejudice to the right of States to decide on the periodicity of presenting their draft
proposals by:
(i) Minimizing unnecessary duplication of initiatives with the
General Assembly/Third Committee;
(ii) Clustering of agenda items;
(iii) Staggering the tabling of decisions and/or resolutions and consideration of

action on agenda items/issues.
C. Outcomes other than resolutions and decisions
118. These may include recommendations, conclusions, summaries of discussions and

President’s Statement. As such outcomes would have different legal implications, they should
supplement and not replace resolutions and decisions.
D. Special sessions of the Council
119. The following provisions shall complement the general framework provided by
General Assembly resolution 60/251 and the rules of procedure of the Human Rights Council.
120. The rules of procedure of special sessions shall be in accordance with the rules of
procedure applicable for regular sessions of the Council.
121. The request for the holding of a special session, in accordance with the requirement
established in paragraph 10 of General Assembly resolution 60/251, shall be submitted to the
President and to the secretariat of the Council. The request shall specify the item proposed for
consideration and include any other relevant information the sponsors may wish to provide.
122. The special session shall be convened as soon as possible after the formal request is
communicated, but, in principle, not earlier than two working days, and not later than five
working days after the formal receipt of the request. The duration of the special session shall not
exceed three days (six working sessions), unless the Council decides otherwise.
123. The secretariat of the Council shall immediately communicate the request for the holding
of a special session and any additional information provided by the sponsors in the request, as
well as the date for the convening of the special session, to all United Nations Member States
and make the information available to the specialized agencies, other intergovernmental
organizations and national human rights institutions, as well as to non-governmental
organizations in consultative status by the most expedient and expeditious means of
communication. Special session documentation, in particular draft resolutions and decisions,
should be made available in all official United Nations languages to all States in an equitable,
timely and transparent manner.
124. The President of the Council should hold open-ended informative consultations before
the special session on its conduct and organization. In this regard, the secretariat may also be
requested to provide additional information, including, on the methods of work of previous
special sessions.
125. Members of the Council, concerned States, observer States, specialized agencies,
other intergovernmental organizations and national human rights institutions, as well as
non-governmental organizations in consultative status may contribute to the special session in
accordance with the rules of procedure of the Council.
126. If the requesting or other States intend to present draft resolutions or decisions at the
special session, texts should be made available in accordance with the Council’s relevant rules of
procedure. Nevertheless, sponsors are urged to present such texts as early as possible.
127. The sponsors of a draft resolution or decision should hold open-ended consultations on
the text of their draft resolution(s) or decision(s) with a view to achieving the widest
participation in their consideration and, if possible, achieving consensus on them.
128. A special session should allow participatory debate, be results-oriented and geared to
achieving practical outcomes, the implementation of which can be monitored and reported on at
the following regular session of the Council for possible follow-up decision.
VII. RULES OF PROCEDUREe
SESSIONS
Rules of procedure
Rule 1
The Human Rights Council shall apply the rules of procedure established for the Main
Committees of the General Assembly, as applicable, unless subsequently otherwise decided by
the Assembly or the Council.
REGULAR SESSIONS
Number of sessions
Rule 2
The Human Rights Council shall meet regularly throughout the year and schedule no
fewer than three sessions per Council year, including a main session, for a total duration of no
less than 10 weeks.
Assumption of membership
Rule 3
Newly-elected member States of the Human Rights Council shall assume their
membership on the first day of the Council year, replacing member States that have concluded
their respective membership terms.
Place of meeting
Rule 4
The Human Rights Council shall be based in Geneva.

SPECIAL SESSIONS
Convening of special sessions
Rule 5
The rules of procedure of special sessions of the Human Rights Council will be the same
as the rules of procedure applicable for regular sessions of the Human Rights Council.
e
Figures indicated in square brackets refer to identical or corresponding rules of the General Assembly or its Main
Committees (A/520/Rev.16).
Rule 6
The Human Rights Council shall hold special sessions, when needed, at the request of a
member of the Council with the support of one third of the membership of the Council.
PARTICIPATION OF AND CONSULTATION WITH
OBSERVERS OF THE COUNCIL
Rule 7
(a) The Council shall apply the rules of procedure established for committees of the
General Assembly, as applicable, unless subsequently otherwise decided by the Assembly or the
Council, and the participation of and consultation with observers, including States that are not
members of the Council, the specialized agencies, other intergovernmental organizations and
national human rights institutions, as well as non-governmental organizations, shall be based on
arrangements, including Economic and Social Council resolution 1996/31 of 25 July 1996, and
practices observed by the Commission on Human Rights, while ensuring the most effective
contribution of these entities.
(b) Participation of national human rights institutions shall be based on arrangements
and practices agreed upon by the Commission on Human Rights, including resolution 2005/74 of
20 April 2005, while ensuring the most effective contribution of these entities.
ORGANIZATION OF WORK AND AGENDA FOR REGULAR SESSIONS
Organizational meetings
Rule 8
(a) At the beginning of each Council year, the Council shall hold an organizational
meeting to elect its Bureau and to consider and adopt the agenda, programme of work, and
calendar of regular sessions for the Council year indicating, if possible, a target date for the
conclusion of its work, the approximate dates of consideration of items and the number of
meetings to be allocated to each item.
(b) The President of the Council shall also convene organizational meetings two
weeks before the beginning of each session and, if necessary, during the Council sessions to
discuss organizational and procedural issues pertinent to that session.
PRESIDENT AND VICE-PRESIDENTS
Elections
Rule 9
(a) At the beginning of each Council year, at its organizational meeting, the Council
shall elect, from among the representatives of its members, a President and four Vice-Presidents.
The President and the Vice-Presidents shall constitute the Bureau. One of the Vice-Presidents
shall serve as Rapporteur.
(b) In the election of the President of the Council, regard shall be had for the
equitable geographical rotation of this office among the following Regional Groups: African
States, Asian States, Eastern European States, Latin American and Caribbean States, and
Western European and other States. The four Vice-Presidents of the Council shall be elected on
the basis of equitable geographical distribution from the Regional Groups other than the one to
which the President belongs. The selection of the Rapporteur shall be based on geographic
rotation.
Bureau
Rule 10
The Bureau shall deal with procedural and organizational matters.

Term of office
Rule 11
The President and the Vice-Presidents shall, subject to rule 13, hold office for a period of
one year. They shall not be eligible for immediate re-election to the same post.
Absence of officers
Rule 12 [105]
If the President finds it necessary to be absent during a meeting or any part thereof,
he/she shall designate one of the Vice-Presidents to take his/her place. A Vice-President acting as
President shall have the same powers and duties as the President. If the President ceases to hold
office pursuant to rule 13, the remaining members of the Bureau shall designate one of the
Vice-Presidents to take his/her place until the election of a new President.
Replacement of the President or a Vice-President
Rule 13
If the President or any Vice-President ceases to be able to carry out his/her functions or
ceases to be a representative of a member of the Council, or if the Member of the United Nations
of which he/she is a representative ceases to be a member of the Council, he/she shall cease to
hold such office and a new President or Vice-President shall be elected for the unexpired term.
SECRETARIAT
Duties of the secretariat
Rule 14 [47]
The Office of the United Nations High Commissioner for Human Rights shall act as
secretariat for the Council. In this regard, it shall receive, translate, print and circulate in all
official United Nations languages, documents, reports and resolutions of the Council, its
committees and its organs; interpret speeches made at the meetings; prepare, print and circulate
the records of the session; have the custody and proper preservation of the documents in the
archives of the Council; distribute all documents of the Council to the members of the Council
and observers and, generally, perform all other support functions which the Council may require.
RECORDS AND REPORT
Report to the General Assembly
Rule 15
The Council shall submit an annual report to the General Assembly.

PUBLIC AND PRIVATE MEETINGS OF THE HUMAN RIGHTS COUNCIL
General principles
Rule 16 [60]
The meetings of the Council shall be held in public unless the Council decides that
exceptional circumstances require the meeting be held in private.
Private meetings
Rule 17 [61]
All decisions of the Council taken at a private meeting shall be announced at an early
public meeting of the Council.
CONDUCT OF BUSINESS
Working groups and other arrangements
Rule 18
The Council may set up working groups and other arrangements. Participation in these
bodies shall be decided upon by the members, based on rule 7. The rules of procedure of these
bodies shall follow those of the Council, as applicable, unless decided otherwise by the Council.
Quorum
Rule 19 [67]
The President may declare a meeting open and permit the debate to proceed when at least
one third of the members of the Council are present. The presence of a majority of the members
shall be required for any decision to be taken.
Majority required
Rule 20 [125]
Decisions of the Council shall be made by a simple majority of the members present and
voting, subject to rule 19.
Appendix I
RENEWED MANDATES UNTIL THEY COULD BE CONSIDERED

BY THE HUMAN RIGHTS COUNCIL ACCORDING TO ITS
ANNUAL PROGRAMME OF WORK
Independent expert appointed by the Secretary-General on the situation of human rights in Haiti
Independent expert appointed by the Secretary-General on the situation of human rights in
Somalia
Independent expert on the situation of human rights in Burundi
Independent expert on technical cooperation and advisory services in Liberia
Independent expert on the situation of human rights in the Democratic Republic of the Congo
Independent expert on human rights and international solidarity
Independent expert on minority issues
Independent expert on the effects of economic reform policies and foreign debt on the full
enjoyment of all human rights, particularly economic, social and cultural rights
Independent expert on the question of human rights and extreme poverty
Special Rapporteur on the situation of human rights in the Sudan
Special Rapporteur on the situation of human rights in Myanmar
Special Rapporteur on the situation of human rights in the Democratic People’s Republic of
Korea
Special Rapporteur on the situation of human rights in the Palestinian territories occupied since
1967 (The duration of this mandate has been established until the end of the occupation.)
Special Rapporteur on adequate housing as a component of the right to an adequate standard of
living
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and
related intolerance
Special Rapporteur on extrajudicial, summary or arbitrary executions
Special Rapporteur on freedom of religion or belief
Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and
dangerous products and wastes on the enjoyment of human rights
Special Rapporteur on the human rights aspects of the victims of trafficking in persons,
especially women and children
Special Rapporteur on the human rights of migrants
Special Rapporteur on the independence of judges and lawyers
Special Rapporteur on the promotion and protection of human rights and fundamental freedoms
while countering terrorism
Special Rapporteur on the promotion and protection of the right to freedom of opinion and
expression
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard
of physical and mental health
Special Rapporteur on the right to education
Special Rapporteur on the right to food
Special Rapporteur on the sale of children, child prostitution and child pornography
Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous
people
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
Special Rapporteur on violence against women, its causes and consequences
Special Representative of the Secretary-General on the issue of human rights and transnational
corporations and other business enterprises
Special Representative of the Secretary-General for human rights in Cambodia
Special Representative of the Secretary-General on the situation of human rights defenders
Representative of the Secretary-General on human rights of internally displaced persons
Working Group of Experts on People of African Descent
Working Group on Arbitrary Detention
Working Group on Enforced or Involuntary Disappearances
Working Group on the question of the use of mercenaries as a means of violating human rights
and impeding the exercise of the right of peoples to self-determination
Appendix II
TERMS IN OFFICE OF MANDATE-HOLDERS
Mandate-holder Mandate Terms in office

Charlotte Abaka Independent Expert on the situation July 2006
of human rights in Liberia (first term)
Yakin Ertürk Special Rapporteur on violence against July 2006
women, its causes and consequences (first term)
Manuela Carmena Castrillo Working Group on Arbitrary Detention July 2006
(first term)
Joel Adebayo Adekanye Working Group on Enforced or July 2006
Involuntary Disappearances (second term)
Saeed Rajaee Khorasani Working Group on Enforced or July 2006
Involuntary Disappearances (first term)
Joe Frans Working Group on people of African July 2006
descent (first term)
Leandro Despouy Special Rapporteur on the independence August 2006
of judges and lawyers (first term)
Hina Jilani Special Representative of the Secretary- August 2006
General on the situation of human rights (second term)
defenders
Soledad Villagra de Biedermann Working Group on Arbitrary Detention August 2006
(second term)
Miloon Kothari Special Rapporteur on adequate housing September 2006
as a component of the right to an (second term)
adequate standard of living
Jean Ziegler Special Rapporteur on the right to food September 2006
(second term)
Paulo Sérgio Pinheiro Special Rapporteur on the situation of December 2006
human rights in Myanmar (second term)
Darko Göttlicher Working Group on Enforced or January 2007
Tamás Bán Working Group on Arbitrary Detention April 2007
(second term)
Ghanim Alnajjar Independent Expert appointed by the May 2007
Secretary-General on the situation of (second term)
human rights in Somalia
John Dugard Special Rapporteur on the situation of June 2007
human rights in the Palestinian (second term)
territories occupied since 1967
Rodolfo Stavenhagen Special Rapporteur on the situation of June 2007
human rights and fundamental freedoms (second term)
of indigenous people
Arjun Sengupta Independent Expert on the question of July 2007
human rights and extreme poverty (first term)
Akich Okola Independent Expert on the situation of July 2007
human rights in Burundi (first term)
Titinga Frédéric Pacéré Independent Expert on the situation of July 2007
human rights in the Democratic (first term)
Republic of the Congo
Philip Alston Special Rapporteur on extrajudicial, July 2007
summary or arbitrary executions (first term)
Asma Jahangir Special Rapporteur on freedom of July 2007
religion or belief (first term)
Okechukwu Ibeanu Special Rapporteur on the adverse July 2007
effects of the illicit movement and (first term)
dumping of toxic and dangerous
products and wastes on the enjoyment
of human rights
Vernor Muñoz Villalobos Special Rapporteur on the right to July 2007
education (first term)
Juan Miguel Petit Special Rapporteur on the sale of July 2007
children, child prostitution and child (second term)
pornography
Vitit Muntarbhorn Special Rapporteur on the situation of July 2007
human rights in the Democratic (first term)
People’s Republic of Korea
Leila Zerrougui Working Group on Arbitrary Detention August 2007
(second term)
Santiago Corcuera Cabezut Working Group on Enforced or August 2007
Walter Kälin Representative of the Secretary-General September 2007
on the human rights of internally (first term)
displaced persons
Sigma Huda Special Rapporteur on trafficking in October 2007
persons, especially in women and (first term)
children
Bernards Andrew Nyamwaya Independent Expert on the effects of November 2007
Mudho economic reform policies and foreign (second term)
debt on the full enjoyment of human
rights, particularly economic, social and
cultural rights
Manfred Nowak Special Rapporteur on torture and other November 2007
cruel, inhuman or degrading treatment (first term)
or punishment
Louis Joinet Independent Expert appointed by the February 2008
Secretary-General on the situation of (second term)
human rights in Haiti
Rudi Muhammad Rizki Independent Expert on human rights July 2008
and international solidarity (first term)
Gay McDougall Independent Expert on minority issues July 2008
(first term)
Doudou Diène Special Rapporteur on contemporary July 2008
forms of racism, racial discrimination, (second term)
xenophobia and related intolerance
Jorge A. Bustamante Special Rapporteur on the human rights July 2008
of migrants (first term)
Martin Scheinin Special Rapporteur on the promotion July 2008
and protection of human rights while (first term)
countering terrorism
Sima Samar Special Rapporteur on the situation of July 2008
human rights in the Sudan (first term)
John Ruggie Special Representative of the July 2008

Secretary-General on human rights and (first term)
transnational corporations and other
business enterprises
Seyyed Mohammad Hashemi Working Group on Arbitrary Detention July 2008
(second term)
Najat Al-Hajjaji Working Group on the use of July 2008
mercenaries as a means of impeding the (first term)
exercise of the right of peoples to self-
determination
Amada Benavides de Pérez Working Group on the use of July 2008
determination
Alexander Ivanovich Nikitin Working Group on the use of July 2008
determination
Shaista Shameem Working Group on the use of July 2007
determination
Ambeyi Ligabo Special Rapporteur on the promotion August 2008
and protection of the right to freedom of (second term)
opinion and expression
Paul Hunt Special Rapporteur on the right of August 2008
everyone to the enjoyment of the (second term)
highest attainable standard of physical
and mental health
Peter Lesa Kasanda Working Group on people of African August 2008
descent (second term)
Stephen J. Toope Working Group on Enforced or September 2008
Involuntary Disappearances (second term)
George N. Jabbour Working Group on people of African September 2008
Irina Zlatescu Working Group on people of African October 2008
José Gómez del Prado Working Group on the use of October 2008
determination
Yash Ghai Special Representative of the Secretary- November 2008
General for human rights in Cambodia (first term)
FUNCTION AND POWERS OF MANDATE HOLDERS
The Special Procedures of the Human Rights Council are independent human rights
experts with mandates to report and advise on human rights from a thematic or country-specific
perspective. The system of Special Procedures is a central element of the United Nations human
rights machinery and covers all human rights: civil, cultural, economic, political, and social.
In the context of the 2011 review of its work and functioning, the Human Rights Council:
• reaffirmed the obligation of States to cooperate with the Special Procedures,

• reiterated the integrity and independence of Special Procedures,
• reaffirmed the principles of cooperation, transparency and accountability and the role of
the system of Special Procedures in enhancing the capacity of the Human Rights Council
to address human rights situations.
Member States confirmed their strong opposition to reprisals against persons cooperating with
the United Nations and its human rights mechanism and representatives.
The Council further recognized the importance of ensuring transparent, adequate and equitable
funding to support all Special Procedures according to their specific needs.
The term ‘special procedures’ refers to the list of mechanisms established by the Human Rights
Council to report and advise on human rights from a thematic and country-specific perspective.
Special procedures cover all human rights: civil, cultural, economic, political and social as well
as issues relating to specific groups. Special procedures mandate-holders are either an individual
(called a Special Rapporteur (SR) or Independent Expert (IE)) or a Working Group (WG) of five
members. Mandate holders serve in their personal capacities, they are not UN staff and do not
receive salaries or other financial remuneration for their work. A mandate-holder’s tenure in a
given function, whether it is a thematic or country mandate, is limited to a maximum of six
years. Mandate holders are appointed by the Human Rights Council and their work is supported
by the OHCHR.
As part of their mandates, special procedures examine, advise and publicly report on human
rights issues and situations. They conduct thematic studies and convene expert consultations,
contribute to the development of international human rights standards, engage in advocacy and
provide advice for technical cooperation. Upon the invitation from Governments, they visit
particular countries or territories in order to monitor the situation on the ground. Special
procedures also act on individual cases and concerns of a broader, structural nature by sending
communications to States and other entities in which they bring alleged violations or abuses to
their attention. Finally, they raise public awareness of a specific topic through press releases or
other public statements. Special procedures report annually to the Human Rights Council; the
majority of the mandates also report annually to the General Assembly.
Cooperation by States is essential for mandate holders to fully implement their mandate, in
particular in terms of conducting country visits that are taking place at the invitation of States
and implementing their recommendations. A majority of countries have extended ‘standing
invitations’ to thematic special procedures, which means that they are prepared to receive a visit
from any mandate-holder.
In addition to their individual mandates, mandate holders also increasingly work as a system in
order to better coordinate among themselves and with other human rights mechanisms and
maximize the impact of their work. The Coordination Committee of Special Procedures has
contributed to these efforts by facilitating coordination among special procedures, including in
expressing their views collectively and publicly on issues of common concern. An annual report
of special procedures is presented every year to the Human Rights Council. This report provides
information on the system of special procedures as a whole and its achievements, including
facts and figures. It gives a comprehensive picture of what special procedures have
done individually and as a system in a given year, inter alia in terms of country
visits, communications, thematic reports, follow-up activities, joint actions,
development of international standards, or advocacy. The report also reflects the
work of the Coordination Committee.
As of September 2016 there are 43 thematic mandates and 14 country mandates

under the special procedures.
OFFICE OF THE HIGH COMMISSIONER OF HUMAN RIGHTS (OHCHR)
Human rights make up one of the three founding pillars of the United Nations system (together
with "peace and security" and "development"). The Office of the UN High Commissioner for
Human Rights (OHCHR) – also known as the UN Human Rights Office – is mandated to
promote and protect all human rights established in the UN Charter and in international human
rights laws and treaties.
Operationally, OHCHR works with governments, legislatures, courts, national institutions, civil
society, the business community, regional and international organisations, and the UN system to
develop and strengthen the protection of human rights, particularly at the national level, in
accordance with international norms. OHCHR also supports the work of the UN human rights
mechanisms, including the treaty bodies established to monitor State Parties' compliance with the
core international human rights treaties and the Special Procedures of the Human Rights Council.
OHCHR is led by the High Commissioner for Human Rights, the principal human rights official
of the UN. It employs approximately 1,085 staff based in Geneva, New York and 26
country/regional offices. It is funded from the UN regular budget and from voluntary
contributions from Member States, intergovernmental organisations, foundations and
individuals.
CHAPTER 5
INTERNATIONAL BILL OF RIGHTS AND UNITED NATIONS DEVELOPMENT

PROGRAMME
The International Bill of Human Rights is a powerful statement of your rights and should
persuade all Governments to respect your rights. For the two Covenants to become binding in
your country, your Government must ratify them. This means your Government must
expressly agree to abide by them.
Following the second world war, a series of declarations and covenants began to articulate
universal human rights.
In 1948, for the first time, countries agreed on a comprehensive list of inalienable human rights.
In December of that year, the United Nations General Assembly adopted the Universal
Declaration of Human Rights (UDHR), a milestone that would profoundly influence the
development of international human rights law.
In December 1966, the UN General Assembly adopted two international treaties that would
further shape international human rights: the International Covenant on Economic Social and
Cultural Rights (ICESCR), and the International Covenant on Civil and Political
Rights (ICCPR). These are often referred to as “the International Covenants.”
Together, the UDHR and these two Covenants are known as the International Bill of Human
Rights
THE RIGHTS COVERED BY THE COVENANTS
THE ICESCR AND THE ICCPR SET OUT THE CIVIL, POLITICAL, ECONOMIC, SOCIAL
AND CULTURAL RIGHTS THAT EVERYONE IS ENTITLED TO:
ICCPR
• Freedom from discrimination
• Right to equality between men and women
• Right to life
• Freedom from torture
• Freedom from slavery
• Right to liberty and security of person
• Right to be treated with humanity in detention
• Freedom of movement
• Freedom of non-citizens from arbitrary expulsion
• Right to fair trial
• Right to recognition before the law
• Right to privacy
• Freedom of religion and belief
• Freedom of expression
• Right of peaceful assembly
• Freedom of association
• Right to marry and found a family
• Right of children to birth registration and a nationality
• Right to participate in public affairs
• Right to equality before the law
• Minority rights
ICESCR
• Right to equality between men and women

• Right to life
• Freedom from torture
• Freedom from slavery
• Right to liberty and security of person
• Right to be treated with humanity in detention
• Freedom of movement
• Freedom of non-citizens from arbitrary expulsion
• Right to fair trial
• Right to recognition before the law
• Right to privacy
• Freedom of religion and belief
• Freedom of expression
• Right of peaceful assembly
• Freedom of association
• Right to marry and found a family
• Right of children to birth registration and a nationality
• Right to participate in public affairs
• Right to equality before the law
• Minority rights
Responsibilities of States
The Covenants identify the responsibilities placed on States to respect, protect and fulfill those
rights:
Respect
States must refrain from interfering directly or indirectly with your rights. For example, the State
must not torture you or make you a slave. The State cannot force you to work in an area you have
not freely chosen or stop you from speaking your language.
Protect
States must take measures to make sure that others, such as businesses, political groups or other
people do not interfere with your rights. For example, the State must stop people using hate
speech against you because of where you are from or who you are. And the State has to make
sure that private companies provide a fair wage for your work and do not give different salaries
to men and women who do the same job.
Fulfil
States must take steps to realize rights. For example, the State has to provide interpretation
during trials if the accused cannot speak the language spoken in Court. The State must provide
budgets to make sure everyone can access medicines and be free from hunger.
Examples of violations
Your civil, political, economic, cultural, and social rights can be violated through various means.
Violations occur when a Government fails in its obligations to respect, protect and fulfil these
rights. Often a violation of one of these rights is linked to a violation of other rights. Examples
include:
• Forcibly evicting people from their homes (the right to adequate housing and the right to
choose his or her place of residence)
• Water treatment facilities contaminating drinking water (the right to health and the right
to life)
• Failure to ensure a minimum wage sufficient for a decent living (the right to work and
the right to equality before the law)
• Denying a person access to information and services related to sexual and reproductive
health (the right to health and the right to life)
• Systematically segregating children with disabilities from mainstream schools (the right
to education and the right to equality and non-discrimination)
• Banning the use of minority or indigenous languages (the right to participate in cultural
life and the right, in community with the other members of their group, to enjoy
their own culture, to profess and practice their own religion, or to use their own
language)
Ratification status of the Covenants by country
The International Bill of Human Rights is a powerful statement of your rights and should
persuade all Governments to respect your rights. For the two Covenants to become binding in
your country, your Government must ratify them. This means your Government must expressly
agree to abide by them.
Covenants are monitored;
The UN Human Rights system uses different mechanisms to monitor how well the world is
doing to ensure that everyone enjoys the rights set out in these Covenants.
The human rights treaty bodies are among those mechanisms. The treaty bodies are committees
of independent experts that monitor implementation of the 10 core international human rights
treaties, including the CCPR and the CESCR.
The following treaty bodies are responsible for monitoring the CCPR and the CESCR:
● The Human Rights Committee monitors the CCPR, and
● The Committee on Economic, Social and Cultural Rights monitors the CESCR.
Considering that, in accordance with the principles proclaimed in the Charter of the United
Nations, recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the human person,
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of
free human beings enjoying civil and political freedom and freedom from fear and want can only
be achieved if conditions are created whereby everyone may enjoy his civil and political rights,
as well as his economic, social and cultural rights.
Considering the obligation of States under the Charter of the United Nations to promote
universal respect for, and observance of, human rights and freedoms,
Realizing that the individual, having duties to other individuals and to the community to which
he belongs, is under a responsibility to strive for the promotion and observance of the rights
recognized in the present Covenant.
Agree upon the following articles:
PART I
Article 1
1. All peoples have the right of self-determination. By virtue of that right they freely determine
their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources
without prejudice to any obligations arising out of international economic co-operation, based
upon the principle of mutual benefit, and international law. In no case may a people be deprived
of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the
administration of Non-Self-Governing and Trust Territories, shall promote the realization of the
right of self-determination, and shall respect that right, in conformity with the provisions of the
Charter of the United Nations.
PART II
Article 2
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized in the present Covenant,
without distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures, each State Party to
the present Covenant undertakes to take the necessary steps, in accordance with its constitutional
processes and with the provisions of the present Covenant, to adopt such laws or other measures
as may be necessary to give effect to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall
have an effective remedy, notwithstanding that the violation has been committed by persons
acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by
competent judicial, administrative or legislative authorities, or by any other competent authority
provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
Article 3
The States Parties to the present Covenant undertake to ensure the equal right of men and women
to the enjoyment of all civil and political rights set forth in the present Covenant.
Article 4
1 . In time of public emergency which threatens the life of the nation and the existence of which
is officially proclaimed, the States Parties to the present Covenant may take measures derogating
from their obligations under the present Covenant to the extent strictly required by the exigencies
of the situation, provided that such measures are not inconsistent with their other obligations
under international law and do not involve discrimination solely on the ground of race, colour,
sex, language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under
this provision.
3. Any State Party to the present Covenant availing itself of the right of derogation shall
immediately inform the other States Parties to the present Covenant, through the intermediary of
the Secretary-General of the United Nations, of the provisions from which it has derogated and
of the reasons by which it was actuated. A further communication shall be made, through the
same intermediary, on the date on which it terminates such derogation.
Article 5
1. Nothing in the present Covenant may be interpreted as implying for any State, group or person
any right to engage in any activity or perform any act aimed at the destruction of any of the
rights and freedoms recognized herein or at their limitation to a greater extent than is provided
for in the present Covenant.
2. There shall be no restriction upon or derogation from any of the fundamental human rights
recognized or existing in any State Party to the present Covenant pursuant to law, conventions,
regulations or custom on the pretext that the present Covenant does not recognize such rights or
that it recognizes them to a lesser extent.
PART III
Article 6
1. Every human being has the inherent right to life. This right shall be protected by law. No one
shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death may be imposed
only for the most serious crimes in accordance with the law in force at the time of the
commission of the crime and not contrary to the provisions of the present Covenant and to the
Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only
be carried out pursuant to a final judgement rendered by a competent court.
3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this
article shall authorize any State Party to the present Covenant to derogate in any way from any
obligation assumed under the provisions of the Convention on the Prevention and Punishment of
the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence.
Amnesty, pardon or commutation of the sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital
punishment by any State Party to the present Covenant.
Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
In particular, no one shall be subjected without his free consent to medical or scientific
experimentation.
Article 8
1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be
prohibited.
2. No one shall be held in servitude.
3.
(a) No one shall be required to perform forced or compulsory labour;
(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard
labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance
of a sentence to such punishment by a competent court;
(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:
(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is
under detention in consequence of a lawful order of a court, or of a person during conditional
release from such detention;
(ii) Any service of a military character and, in countries where conscientious objection is
recognized, any national service required by law of conscientious objectors;
(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of
the community;
(iv) Any work or service which forms part of normal civil obligations.
Article 9
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary
arrest or detention. No one shall be deprived of his liberty except on such grounds and in
accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and
shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or
other officer authorized by law to exercise judicial power and shall be entitled to trial within a
reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be
detained in custody, but release may be subject to guarantees to appear for trial, at any other
stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take
proceedings before a court, in order that that court may decide without delay on the lawfulness of
his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable
right to compensation.
Article 10
1. All persons deprived of their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person.
2.
(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted
persons and shall be subject to separate treatment appropriate to their status as unconvicted
persons;
(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible
for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall
be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults
and be accorded treatment appropriate to their age and legal status.
Article 11
No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.
Article 12
1. Everyone lawfully within the territory of a State shall, within that territory, have the right to
liberty of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except those which are
provided by law, are necessary to protect national security, public order (ordre public), public
health or morals or the rights and freedoms of others, and are consistent with the other rights
recognized in the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.
Article 13
An alien lawfully in the territory of a State Party to the present Covenant may be expelled
therefrom only in pursuance of a decision reached in accordance with law and shall, except
where compelling reasons of national security otherwise require, be allowed to submit the
reasons against his expulsion and to have his case reviewed by, and be represented for the
purpose before, the competent authority or a person or persons especially designated by the
competent authority.
Article 14
1. All persons shall be equal before the courts and tribunals. In the determination of any criminal
charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a
fair and public hearing by a competent, independent and impartial tribunal established by law.
The press and the public may be excluded from all or part of a trial for reasons of morals, public
order (ordre public) or national security in a democratic society, or when the interest of the
private lives of the parties so requires, or to the extent strictly necessary in the opinion of the
court in special circumstances where publicity would prejudice the interests of justice; but any
judgement rendered in a criminal case or in a suit at law shall be made public except where the
interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes
or the guardianship of children.
2. Everyone charged with a criminal offence shall have the right to be presumed innocent until
proved guilty according to law.
3. In the determination of any criminal charge against him, everyone shall be entitled to the
following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a
language which he understands of the nature and cause of the charge against him;
(b) To have adequate time and facilities for the preparation of his defence and to communicate
with counsel of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in person or through legal assistance of his
own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal
assistance assigned to him, in any case where the interests of justice so require, and without
payment by him in any such case if he does not have sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses against him;
(f) To have the free assistance of an interpreter if he cannot understand or speak the language
used in court;
(g) Not to be compelled to testify against himself or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will take account of their age
and the desirability of promoting their rehabilitation.
5. Everyone convicted of a crime shall have the right to his conviction and sentence being
reviewed by a higher tribunal according to law.
6. When a person has by a final decision been convicted of a criminal offence and when
subsequently his conviction has been reversed or he has been pardoned on the ground that a new
or newly discovered fact shows conclusively that there has been a miscarriage of justice, the
person who has suffered punishment as a result of such conviction shall be compensated
according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly
or partly attributable to him.
7. No one shall be liable to be tried or punished again for an offence for which he has already
been finally convicted or acquitted in accordance with the law and penal procedure of each
country.
Article 15
1 . No one shall be held guilty of any criminal offence on account of any act or omission which
did not constitute a criminal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time
when the criminal offence was committed. If, subsequent to the commission of the offence,
provision is made by law for the imposition of the lighter penalty, the offender shall benefit
thereby.
2. Nothing in this article shall prejudice the trial and punishment of any person for any act or
omission which, at the time when it was committed, was criminal according to the general
principles of law recognized by the community of nations.
Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
Article 17
1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home
or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.
Article 18
1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall
include freedom to have or to adopt a religion or belief of his choice, and freedom, either
individually or in community with others and in public or private, to manifest his religion or
belief in worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have or to adopt a
religion or belief of his choice.
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order, health, or morals or the
fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have respect for the liberty of parents
and, when applicable, legal guardians to ensure the religious and moral education of their
children in conformity with their own convictions.
Article 19
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to
seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally,
in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special
duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only
be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or
morals.
Article 20
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence shall be prohibited by law.
Article 21
The right of peaceful assembly shall be recognized. No restrictions may be placed on the
exercise of this right other than those imposed in conformity with the law and which are
necessary in a democratic society in the interests of national security or public safety, public
order (ordre public), the protection of public health or morals or the protection of the rights and
freedoms of others.
Article 22
1. Everyone shall have the right to freedom of association with others, including the right to form
and join trade unions for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those which are
prescribed by law and which are necessary in a democratic society in the interests of national
security or public safety, public order (ordre public), the protection of public health or morals or
the protection of the rights and freedoms of others. This article shall not prevent the imposition
of lawful restrictions on members of the armed forces and of the police in their exercise of this
right.
3. Nothing in this article shall authorize States Parties to the International Labour Organisation
Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize
to take legislative measures which would prejudice, or to apply the law in such a manner as to
prejudice, the guarantees provided for in that Convention.
Article 23
1. The family is the natural and fundamental group unit of society and is entitled to protection by
society and the State.
2. The right of men and women of marriageable age to marry and to found a family shall be
recognized.
3. No marriage shall be entered into without the free and full consent of the intending spouses.
4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights
and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case
of dissolution, provision shall be made for the necessary protection of any children.
Article 24
1. Every child shall have, without any discrimination as to race, colour, sex, language, religion,
national or social origin, property or birth, the right to such measures of protection as are
required by his status as a minor, on the part of his family, society and the State.
2. Every child shall be registered immediately after birth and shall have a name.
3. Every child has the right to acquire a nationality.
Article 25
Every citizen shall have the right and the opportunity, without any of the distinctions mentioned
in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal
suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the
electors;
(c) To have access, on general terms of equality, to public service in his country.
Article 26
All persons are equal before the law and are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to
all persons equal and effective protection against discrimination on any ground such as race,
colour, sex, language, religion, political or other opinion, national or social origin, property, birth
or other status.
Article 27
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right, in community with the other members of their group, to
enjoy their own culture, to profess and practise their own religion, or to use their own language.
PART IV
Article 28
1. There shall be established a Human Rights Committee (hereafter referred to in the present
Covenant as the Committee). It shall consist of eighteen members and shall carry out the
functions hereinafter provided.
2. The Committee shall be composed of nationals of the States Parties to the present Covenant
who shall be persons of high moral character and recognized competence in the field of human
rights, consideration being given to the usefulness of the participation of some persons having
legal experience.
3. The members of the Committee shall be elected and shall serve in their personal capacity.
Article 29
1. The members of the Committee shall be elected by secret ballot from a list of persons
possessing the qualifications prescribed in article 28 and nominated for the purpose by the States
Parties to the present Covenant.
2. Each State Party to the present Covenant may nominate not more than two persons. These
persons shall be nationals of the nominating State.
3. A person shall be eligible for renomination.
Article 30
1. The initial election shall be held no later than six months after the date of the entry into force
of the present Covenant.
2. At least four months before the date of each election to the Committee, other than an election
to fill a vacancy declared in accordance with article 34, the Secretary-General of the United
Nations shall address a written invitation to the States Parties to the present Covenant to submit
their nominations for membership of the Committee within three months.
3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the
persons thus nominated, with an indication of the States Parties which have nominated them, and
shall submit it to the States Parties to the present Covenant no later than one month before the
date of each election.
4. Elections of the members of the Committee shall be held at a meeting of the States Parties to
the present Covenant convened by the Secretary General of the United Nations at the
Headquarters of the United Nations. At that meeting, for which two thirds of the States Parties to
the present Covenant shall constitute a quorum, the persons elected to the Committee shall be
those nominees who obtain the largest number of votes and an absolute majority of the votes of
the representatives of States Parties present and voting.
Article 31
1. The Committee may not include more than one national of the same State.
2. In the election of the Committee, consideration shall be given to equitable geographical
distribution of membership and to the representation of the different forms of civilization and of
the principal legal systems.
Article 32
1. The members of the Committee shall be elected for a term of four years. They shall be eligible
for re-election if renominated. However, the terms of nine of the members elected at the first
election shall expire at the end of two years; immediately after the first election, the names of
these nine members shall be chosen by lot by the Chairman of the meeting referred to in article
30, paragraph 4.
2. Elections at the expiry of office shall be held in accordance with the preceding articles of this
part of the present Covenant.
Article 33
1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to
carry out his functions for any cause other than absence of a temporary character, the Chairman
of the Committee shall notify the Secretary-General of the United Nations, who shall then
declare the seat of that member to be vacant.
2. In the event of the death or the resignation of a member of the Committee, the Chairman shall
immediately notify the Secretary-General of the United Nations, who shall declare the seat
vacant from the date of death or the date on which the resignation takes effect.
Article 34
1. When a vacancy is declared in accordance with article 33 and if the term of office of the
member to be replaced does not expire within six months of the declaration of the vacancy, the
Secretary-General of the United Nations shall notify each of the States Parties to the present
Covenant, which may within two months submit nominations in accordance with article 29 for
the purpose of filling the vacancy.
2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of the
persons thus nominated and shall submit it to the States Parties to the present Covenant. The
election to fill the vacancy shall then take place in accordance with the relevant provisions of this
part of the present Covenant.
3. A member of the Committee elected to fill a vacancy declared in accordance with article 33
shall hold office for the remainder of the term of the member who vacated the seat on the
Committee under the provisions of that article.
Article 35
The members of the Committee shall, with the approval of the General Assembly of the United
Nations, receive emoluments from United Nations resources on such terms and conditions as the
General Assembly may decide, having regard to the importance of the Committee's
responsibilities.
Article 36
The Secretary-General of the United Nations shall provide the necessary staff and facilities for
the effective performance of the functions of the Committee under the present Covenant.
Article 37
1. The Secretary-General of the United Nations shall convene the initial meeting of the
Committee at the Headquarters of the United Nations.
2. After its initial meeting, the Committee shall meet at such times as shall be provided in its
rules of procedure.
3. The Committee shall normally meet at the Headquarters of the United Nations or at the United
Nations Office at Geneva.
Article 38
Every member of the Committee shall, before taking up his duties, make a solemn declaration in
open committee that he will perform his functions impartially and conscientiously.
Article 39
1. The Committee shall elect its officers for a term of two years. They may be re-elected.
2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter
alia, that:
(a) Twelve members shall constitute a quorum;
(b) Decisions of the Committee shall be made by a majority vote of the members present.
Article 40
1. The States Parties to the present Covenant undertake to submit reports on the measures they
have adopted which give effect to the rights recognized herein and on the progress made in the
enjoyment of those rights: (a) Within one year of the entry into force of the present Covenant for
the States Parties concerned;
(b) Thereafter whenever the Committee so requests.
2. All reports shall be submitted to the Secretary-General of the United Nations, who shall
transmit them to the Committee for consideration. Reports shall indicate the factors and
difficulties, if any, affecting the implementation of the present Covenant.
3. The Secretary-General of the United Nations may, after consultation with the Committee,
transmit to the specialized agencies concerned copies of such parts of the reports as may fall
within their field of competence.
4. The Committee shall study the reports submitted by the States Parties to the present Covenant.
It shall transmit its reports, and such general comments as it may consider appropriate, to the
States Parties. The Committee may also transmit to the Economic and Social Council these
comments along with the copies of the reports it has received from States Parties to the present
Covenant.
5. The States Parties to the present Covenant may submit to the Committee observations on any
comments that may be made in accordance with paragraph 4 of this article.
Article 41
1. A State Party to the present Covenant may at any time declare under this article that it
recognizes the competence of the Committee to receive and consider communications to the
effect that a State Party claims that another State Party is not fulfilling its obligations under the
present Covenant. Communications under this article may be received and considered only if
submitted by a State Party which has made a declaration recognizing in regard to itself the
competence of the Committee. No communication shall be received by the Committee if it
concerns a State Party which has not made such a declaration. Communications received under
this article shall be dealt with in accordance with the following procedure:
(a) If a State Party to the present Covenant considers that another State Party is not giving effect
to the provisions of the present Covenant, it may, by written communication, bring the matter to
the attention of that State Party. Within three months after the receipt of the communication the
receiving State shall afford the State which sent the communication an explanation, or any other
statement in writing clarifying the matter which should include, to the extent possible and
pertinent, reference to domestic procedures and remedies taken, pending, or available in the
matter;
(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six
months after the receipt by the receiving State of the initial communication, either State shall
have the right to refer the matter to the Committee, by notice given to the Committee and to the
other State;
(c) The Committee shall deal with a matter referred to it only after it has ascertained that all
available domestic remedies have been invoked and exhausted in the matter, in conformity with
the generally recognized principles of international law. This shall not be the rule where the
application of the remedies is unreasonably prolonged;
(d) The Committee shall hold closed meetings when examining communications under this
article;
(e) Subject to the provisions of subparagraph (c), the Committee shall make available its good
offices to the States Parties concerned with a view to a friendly solution of the matter on the
basis of respect for human rights and fundamental freedoms as recognized in the present
Covenant;
(f) In any matter referred to it, the Committee may call upon the States Parties concerned,
referred to in subparagraph (b), to supply any relevant information;
(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be
represented when the matter is being considered in the Committee and to make submissions
orally and/or in writing;
(h) The Committee shall, within twelve months after the date of receipt of notice under
subparagraph (b), submit a report:
(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its
report to a brief statement of the facts and of the solution reached;
(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine
its report to a brief statement of the facts; the written submissions and record of the oral
submissions made by the States Parties concerned shall be attached to the report. In every matter,
the report shall be communicated to the States Parties concerned.
2. The provisions of this article shall come into force when ten States Parties to the present
Covenant have made declarations under paragraph I of this article. Such declarations shall be
deposited by the States Parties with the Secretary-General of the United Nations, who shall
transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time
by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration
of any matter which is the subject of a communication already transmitted under this article; no
further communication by any State Party shall be received after the notification of withdrawal
of the declaration has been received by the Secretary-General, unless the State Party concerned
has made a new declaration.
Article 42
1.
(a) If a matter referred to the Committee in accordance with article 41 is not resolved to the
satisfaction of the States Parties concerned, the Committee may, with the prior consent of the
States Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as
the Commission). The good offices of the Commission shall be made available to the States
Parties concerned with a view to an amicable solution of the matter on the basis of respect for the
present Covenant;
(b) The Commission shall consist of five persons acceptable to the States Parties concerned. If
the States Parties concerned fail to reach agreement within three months on all or part of the
composition of the Commission, the members of the Commission concerning whom no
agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the
Committee from among its members.
2. The members of the Commission shall serve in their personal capacity. They shall not be
nationals of the States Parties concerned, or of a State not Party to the present Covenant, or of a
State Party which has not made a declaration under article 41.
3. The Commission shall elect its own Chairman and adopt its own rules of procedure.
4. The meetings of the Commission shall normally be held at the Headquarters of the United
Nations or at the United Nations Office at Geneva. However, they may be held at such other
convenient places as the Commission may determine in consultation with the Secretary-General
of the United Nations and the States Parties concerned.
5. The secretariat provided in accordance with article 36 shall also service the commissions
appointed under this article.
6. The information received and collated by the Committee shall be made available to the
Commission and the Commission may call upon the States Parties concerned to supply any other
relevant information.
7. When the Commission has fully considered the matter, but in any event not later than twelve
months after having been seized of the matter, it shall submit to the Chairman of the Committee
a report for communication to the States Parties concerned:
(a) If the Commission is unable to complete its consideration of the matter within twelve months,
it shall confine its report to a brief statement of the status of its consideration of the matter;
(b) If an amicable solution to the matter on tie basis of respect for human rights as recognized in
the present Covenant is reached, the Commission shall confine its report to a brief statement of
the facts and of the solution reached;
(c) If a solution within the terms of subparagraph (b) is not reached, the Commission's report
shall embody its findings on all questions of fact relevant to the issues between the States Parties
concerned, and its views on the possibilities of an amicable solution of the matter. This report
shall also contain the written submissions and a record of the oral submissions made by the
States Parties concerned;
(d) If the Commission's report is submitted under subparagraph (c), the States Parties concerned
shall, within three months of the receipt of the report, notify the Chairman of the Committee
whether or not they accept the contents of the report of the Commission.
8. The provisions of this article are without prejudice to the responsibilities of the Committee
under article 41.
9. The States Parties concerned shall share equally all the expenses of the members of the
Commission in accordance with estimates to be provided by the Secretary-General of the United
Nations.
10. The Secretary-General of the United Nations shall be empowered to pay the expenses of the
members of the Commission, if necessary, before reimbursement by the States Parties concerned,
in accordance with paragraph 9 of this article.
Article 43
The members of the Committee, and of the ad hoc conciliation commissions which may be
appointed under article 42, shall be entitled to the facilities, privileges and immunities of experts
on mission for the United Nations as laid down in the relevant sections of the Convention on the
Privileges and Immunities of the United Nations.
Article 44
The provisions for the implementation of the present Covenant shall apply without prejudice to
the procedures prescribed in the field of human rights by or under the constituent instruments
and the conventions of the United Nations and of the specialized agencies and shall not prevent
the States Parties to the present Covenant from having recourse to other procedures for settling a
dispute in accordance with general or special international agreements in force between them.
Article 45
The Committee shall submit to the General Assembly of the United Nations, through the
Economic and Social Council, an annual report on its activities.
PART V
Article 46
Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of
the United Nations and of the constitutions of the specialized agencies which define the
respective responsibilities of the various organs of the United Nations and of the specialized
agencies in regard to the matters dealt with in the present Covenant.
Article 47
Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples
to enjoy and utilize fully and freely their natural wealth and resources.
PART VI
Article 48
1. The present Covenant is open for signature by any State Member of the United Nations or
member of any of its specialized agencies, by any State Party to the Statute of the International
Court of Justice, and by any other State which has been invited by the General Assembly of the
United Nations to become a Party to the present Covenant.
2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited
with the Secretary-General of the United Nations.
3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this
article.
4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-
General of the United Nations.
5. The Secretary-General of the United Nations shall inform all States which have signed this
Covenant or acceded to it of the deposit of each instrument of ratification or accession.
Article 49
1. The present Covenant shall enter into force three months after the date of the deposit with the
Secretary-General of the United Nations of the thirty-fifth instrument of ratification or
instrument of accession.
2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-
fifth instrument of ratification or instrument of accession, the present Covenant shall enter into
force three months after the date of the deposit of its own instrument of ratification or instrument
of accession.
Article 50
The provisions of the present Covenant shall extend to all parts of federal States without any
limitations or exceptions.
Article 51
1. Any State Party to the present Covenant may propose an amendment and file it with the
Secretary-General of the United Nations. The Secretary-General of the United Nations shall
thereupon communicate any proposed amendments to the States Parties to the present Covenant
with a request that they notify him whether they favour a conference of States Parties for the
purpose of considering and voting upon the proposals. In the event that at least one third of the
States Parties favours such a conference, the Secretary-General shall convene the conference
under the auspices of the United Nations. Any amendment adopted by a majority of the States
Parties present and voting at the conference shall be submitted to the General Assembly of the
United Nations for approval.
2. Amendments shall come into force when they have been approved by the General Assembly of
the United Nations and accepted by a two-thirds majority of the States Parties to the present
Covenant in accordance with their respective constitutional processes. 3. When amendments
come into force, they shall be binding on those States Parties which have accepted them, other
States Parties still being bound by the provisions of the present Covenant and any earlier
amendment which they have accepted.
Article 52
1. Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of
the United Nations shall inform all States referred to in paragraph I of the same article of the
following particulars:
(a) Signatures, ratifications and accessions under article 48;
(b) The date of the entry into force of the present Covenant under article 49 and the date of the
entry into force of any amendments under article 51.
Article 53
1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the present
Covenant to all States referred to in article 48.
TWO OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND

POLITICAL RIGHTS
The Covenant is legally binding; the Human Rights Committee, established under Article 28,
monitors its implementation. The First Optional Protocol establishes an individual complaint
mechanisms for the ICCP. By May 2012, the protocol had been ratified by 114 states. The
Second Optional Protocol entered into force in 1991 and aims at the abolition of the death
penalty. By May 2012 it had been ratified by 74 states.
The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming
at the abolition of the death penalty, is a subsidiary agreement to the International Covenant on
Civil and Political Rights. It was created on 15 December 1989 and entered into force on 11 July
1991. As of April 2022, the Optional Protocol has 90 state parties. The most recent country to
ratify was Kazakhstan, on 24 March 2022.
The Optional Protocol commits its members to the abolition of the death penalty within their
borders, though Article 2.1 allows parties to make a reservation allowing execution "in time of
war pursuant to a conviction for a most serious crime of a military nature committed during
wartime" (Brazil, Chile, El Salvador). Cyprus, Malta and Spain initially made such reservations,
and subsequently withdrew them. Azerbaijan and Greece still retain this reservation on their
implementation of the protocol, despite both having banned the death penalty in all
circumstances. (Greece has also ratified Protocol no.13 of the European Convention on Human
Rights, which abolishes capital punishment for all crimes)
PORTUGAL
With regard to the reservation made by El Salvador upon accession:

“The Government of the Portuguese Republic has examined the reservation made by the
Republic of El Salvador to the Second Optional Protocol to the International Covenant on Civil
and Political Rights, aiming at the abolition of the death penalty, New York, 15 December 1989.
Under Article 2, paragraph 1 of the Second Optional Protocol to the International Covenant
on Civil and Political Rights, aiming at the abolition of the death penalty, New York, 15
December 1989, no reservation is admissible to the present Protocol, except for a reservation
made at the time of ratification or accession that provides for the application of the death penalty
in time of war pursuant to a conviction for a most serious crime of a military nature committed
during wartime.
The Government of the Portuguese Republic considers that the reservation made by the
Republic of El Salvador goes beyond the limit of the exception foreseen in Article 2, paragraph
1, since its scope is unclear and does not clarify the cases in which the death penalty will be
applicable.
The Government of the Portuguese Republic therefore objects to the aforesaid reservation
made by the Republic of El Salvador to Article 2 of the Second Optional Protocol to the
International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty,
New York, 15 December 1989.
However, this objection shall not preclude the entry into force of the Convention between
the Portuguese Republic and the Republic of El Salvador.”
INTERNATIONAL COVENANT ON ECONOMICS, SOCIAL AND CULTURAL RIGHTS
The International Covenant on Economic, Social and Cultural Rights (ICESCR) was
adopted by the United Nations General Assembly (Resolution 2200 A (XXI)) on 16 December
1966. As one of two international treaties that make the ‘International Bill of Human Rights’
(along with the Universal Declaration of Human Rights), the ICESCR provides the legal
framework to protect and preserve the most basic economic, social and cultural rights, including
rights relating to work in just and favourable conditions, to social protection, to an adequate
standard of living, to the highest attainable standards of physical and mental health, to education
and to enjoyment of the benefits of cultural freedom and scientific progress.
For this reason, most of the rights contained in the ICESCR are related to tackling VAW, given
that VAW is a cause and consequence of women’s enjoyment of their human rights on a basis
equal to men.
Some of the ICESCR’s articles most relevant to tackling VAW include:
Article 2: right to non-discrimination and the right to an effective remedy

Article 3: equal right of men and women to the enjoyment of economic, social and cultural rights
in the ICESCR
Article 6: right to work
Article 7: right to just and favourable conditions of work
Article 10: protection of the family, mothers, children and young persons
Article 11: right to an adequate standard of living, including adequate food
Article 12: right to health
Article 13: right to education
Article 14: primary education
Article 15: right to participate in cultural life
THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON ECONOMIC

SOCIAL AND CULTURAL RIGHTS
The Optional Protocol to the International Covenant on Economic, Social and Cultural
Rights (OP-ICESCR) (link is external)is an international treaty that allows victims of violation
of economic, social and cultural rights, to present complaints at the international level. When
people cannot access justice in the courts of their country for violations of economic, social and
cultural rights (ESCR), they can bring a complaint to the UN Committee on Economic, Social
and Cultural Rights (CESCR). However, their country must first become a party to the OP-
ICESCR treaty through ratification or accession.
The OP-ICESCR is also a powerful tool for advocacy. All States parties to the International
Covenant on Economic, Social and Cultural Rights (ICESCR) have the obligation to respect,
protect and fulfill ESCR. The OP-ICESCR reinforces that all rights violations must have a
remedy, foremost in their own country, but at the international level if necessary. The OP-
ICESCR gives advocates a tool to push for improvements in their own judiciary system, as well
as for laws and policies that secure and advance ESCR. The recommendations of the Committee
on ESCR in emerging cases can be utilized to help interpret human rights obligations.
The Optional Protocol includes three procedures:
A complaints procedure
An inquiries procedure
An inter-State complaints procedure
1. The Complaints Procedure

Provides an opportunity to seek remedy and compensation in individual cases when a State
violates ESCR;
• Provides the possibility to access a procedure to seek justice at the international level
when access to justice at the national level has been denied;
• Provides the CESCR with an opportunity to advance new jurisprudence (legal
interpretation about the content of State’s obligations) on ESCR;
• Provides a legal mechanism within which contributions of claimants, States, third parties
and the Committee itself can help to further define and clarify the nature and scope of the
ESCR protected under the ICESCR.
Who Can Present a Complaint?
Individuals or groups of individuals, who allege to be victims of violations of the ICESCR and
who have not found effective remedies within their own country, can file a complaint. In
addition, third persons may file complaints on behalf of these individuals or groups of
individuals with their consent.
• Third persons may file complaints on behalf of presumed victims, without their consent,
but must justify acting on their behalf.
2. The Inquiry Procedure

• When a State Party agrees to be bound by the inquiry procedure, the Committee will also
be able to initiate and conduct investigations into grave or systematic violations of
ESCR. This procedure adds to the complaints and periodic reporting procedures as it:
• Allows the Committee to respond in a timely fashion to serious violations taking place
within a State Party instead of waiting until the State’s next periodic report to the CESCR
is submitted;
• Offers a means to adequately address systematic or widespread violations of ESCR in
cases where individual complaints are not adequate to reflect the extent of the situation;
• Addresses situations where individuals or groups are unable to submit complaints due to
practical constraints or fear of reprisals.
3. The Inter-State Complaints Procedure

The OP-ICESCR also includes a second opt-in procedure, the inter-State complaints procedure.
States that opt in to this procedure can make complaints against other States Parties and have
complaints made against them.
UNITED NATIONS DEVELOPMENT PROGRAM
The United Nations Development Programme is on the ground in about 170 countries and territories,
working to eradicate poverty while protecting the planet. UNDP helps countries to develop strong
policies, skills, partnerships and institutions so they can sustain their progress.
The United Nations Development Programme (UNDP) is one of the key organizations within the
United Nations system dedicated to promoting sustainable human development worldwide.
Established in 1965, the UNDP operates in over 170 countries and territories, working closely
with governments, civil society, and other partners to address complex development challenges.
Holistic Approach: UNDP takes a comprehensive approach to development that encompasses

economic growth, social inclusion, and environmental sustainability. It recognizes that
development must be balanced across these dimensions to be truly sustainable.
Capacity Building: UNDP places a strong emphasis on building the capacity of institutions and
individuals in developing countries. This includes providing technical assistance, training
programs, and knowledge sharing to help countries strengthen their governance structures, public
services, and policies.
Focus on Vulnerable Populations: UNDP prioritizes the needs of vulnerable populations,
including women, youth, indigenous peoples, and those affected by conflict or natural disasters.
It works to ensure that development efforts are inclusive and reach those most in need.
Advocacy and Policy Support: UNDP plays a crucial role in advocating for policies and
initiatives that promote sustainable development at the global, regional, and national levels. It
conducts research, generates data, and facilitates dialogue to inform decision-making and shape
development agendas.
Partnerships and Collaboration: UNDP collaborates closely with governments, UN agencies,

NGOs, academia, and the private sector to leverage resources and expertise for development
projects. It fosters partnerships that are based on mutual respect, shared goals, and accountability.
Innovation and Adaptation: UNDP embraces innovation and adapts its approaches to meet
evolving development challenges. It promotes the use of technology, data analytics, and creative
solutions to address complex issues such as climate change, poverty, and inequality.
Results-Oriented Approach: UNDP is committed to delivering tangible results and measuring

the impact of its interventions. It employs rigorous monitoring and evaluation frameworks to
assess progress, learn from experiences, and improve the effectiveness of its programs.
Humanitarian Response: UNDP plays a critical role in supporting countries to recover from
crises and disasters, providing immediate relief as well as long-term recovery and reconstruction
assistance.
Overall, the UNDP's work is vital in advancing the global development agenda, reducing
poverty, empowering marginalized communities, and building resilient societies. While
challenges remain, the UNDP's commitment to sustainable human development continues to
make a significant difference in the lives of millions of people around the world.
DIFFERENTIATE THE HUMAN DEVELOPMENT INDEX AND INEQUALITY ADJUSTED

HUMAN DEVELOPMENT INDEX
The Human Development Index (HDI) and the Inequality-Adjusted Human Development Index
(IHDI) are both measures developed by the United Nations Development Programme (UNDP) to
assess the development levels of countries. However, they differ in how they account for
inequality within a society:
Human Development Index (HDI):

The HDI is a composite index that evaluates a country's average achievements in three basic
dimensions of human development: health, education, and standard of living.
• Health is measured by life expectancy at birth.
• Education is measured by mean years of schooling for adults aged 25 years and expected
years of schooling for children entering school.
• Standard of living is measured by Gross National Income (GNI) per capita, adjusted for
purchasing power parity (PPP) to account for differences in the cost of living.
• HDI provides a broad overview of a country's overall development status but does not
account for disparities in health, education, or income within the population.
Inequality-Adjusted Human Development Index (IHDI):

The IHDI builds upon the HDI by adjusting for inequality in the distribution of health, education,
and income within a country.
It accounts for disparities by assessing how inequality in each dimension affects overall human
development.
IHDI reflects not only the average achievements but also the distribution of achievements among
the population, providing a more nuanced understanding of development outcomes.
The IHDI is calculated by discounting each dimension's average value according to its level of
inequality.
In summary, while the HDI measures the average achievements in human development
dimensions, the IHDI adjusts the HDI to account for inequalities within a society. The IHDI
provides a more comprehensive picture of human development by considering not only the
overall level of development but also the distribution of well-being among the population.

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CHAPTER 4

UNITED NATION’S INSTRUMENT ON HUMAN RIGHTS

UNITED HUMAN RIGHTS COUNCIL

Human Rights Council

Serves as an international forum for dialogue on human rights issues with UN

Council Membership and Elections

Different Mechanism and entities of the Council

5/1. Institution-building of the United Nations Human Rights Council

The Human Rights Council,

UNITED NATIONS HUMAN RIGHTS COUNCIL: INSTITUTION-BUILDING

I. UNIVERSAL PERIODIC REVIEW MECHANISM

A. Basis of the review

1. The basis of the review is:

3. The universal periodic review should:

4. The objectives of the review are:

15. The documents on which the review would be based are:

18. The modalities of the review shall be as follows:

1. Format of the outcome

A. Selection and appointment of mandate-holders

− There is a pending mandate of the General Assembly to be accomplished; or

A. Objective and scope

Item 1. Organizational and procedural matters

Item 1. Organizational and procedural matters

1. Briefings on prospective resolutions or decisions

117. There is a need for:

(ii) Clustering of agenda items;

(iii) Staggering the tabling of decisions and/or resolutions and consideration of

C. Outcomes other than resolutions and decisions

118. These may include recommendations, conclusions, summaries of discussions and

The Human Rights Council shall be based in Geneva.

Convening of special sessions

The Bureau shall deal with procedural and organizational matters.

Duties of the secretariat

Report to the General Assembly

The Council shall submit an annual report to the General Assembly.

Working groups and other arrangements

RENEWED MANDATES UNTIL THEY COULD BE CONSIDERED

TERMS IN OFFICE OF MANDATE-HOLDERS

Mandate-holder Mandate Terms in office

John Ruggie Special Representative of the July 2008

FUNCTION AND POWERS OF MANDATE HOLDERS

• reaffirmed the obligation of States to cooperate with the Special Procedures,

As of September 2016 there are 43 thematic mandates and 14 country mandates

INTERNATIONAL BILL OF RIGHTS AND UNITED NATIONS DEVELOPMENT

THE RIGHTS COVERED BY THE COVENANTS

• Right to equality between men and women

Covenants are monitored;

Agree upon the following articles:

TWO OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND

With regard to the reservation made by El Salvador upon accession:

INTERNATIONAL COVENANT ON ECONOMICS, SOCIAL AND CULTURAL RIGHTS

Some of the ICESCR’s articles most relevant to tackling VAW include:

Article 2: right to non-discrimination and the right to an effective remedy

THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON ECONOMIC

The Optional Protocol includes three procedures:

1. The Complaints Procedure

2. The Inquiry Procedure

3. The Inter-State Complaints Procedure

UNITED NATIONS DEVELOPMENT PROGRAM